Civil Liberties Definition The legal constitutional protections against
*Civil Liberties *Definition: The legal constitutional protections against the government. *The Bill of Rights and the States *The Bill of Rights is the first 10 amendments. *Written to restrict the national government. *Most are “incorporated” into state and local laws. *
*The Establishment Clause *“Congress shall make no law respecting the establishment of religion. ” *The Free Exercise Clause *Prohibits government from interfering with the practice of religion *Some religious practices may conflict with other rights, and then be denied or punished *
*Prior Restraint *Definition: A government preventing material from being published. Censorship. *May be permissible during wartime. *May be punished after something is published. *
*Free Speech and Public Order *Limited if it presents a “clear and present danger” *Permissible to advocate the violent overthrow of government in abstract, but not to incite anyone to imminent lawless action *Limited if on private property, like a shopping center *
*Free Press and Fair Trials *The public has a right to know what happens. *The press’ own information may not be protected. *Shield laws *
*Obscenity *No clear definition on what constitutes obscenity. *Miller v. California stated that materials were obscene if the work: * appeals “to a prurient interest in sex” * showed “patently offensive” sexual conduct * lacks “serious literary, artistic, political or scientific value” *Local areas make their own decisions on obscenity *
*Libel and Slander * Libel: The publication of false or malicious statements that damage someone’s reputation. * Slander: The same thing, only spoken instead of printed. * Different standards for private individuals and public (politicians, celebrities) individuals * Difficult to prove *
*Symbolic Speech * Definition: Nonverbal communication, such as burning a flag or wearing an armband. * Generally protected along with verbal speech. *
*Commercial Speech * Definition: Communication in the form of advertising. * Generally the most restricted and regulated form of speech (FTC). *Regulation of the Public Airwaves * Broadcast stations must follow FCC rules. * Cable / satellite has blurred the lines. *
*Freedom of Assembly * Right to Assemble * Generally permissible, but must meet reasonable local standards. * Balance between freedom to assemble and order in society. * Right to Associate * Freedom to join groups / associations without government interference. *
*Interpreting Defendants’ Rights * Criminal Justice personnel are limited by the Bill of Rights. * Failure to follow the rules usually invalidates a conviction. * Courts continually rule on what is constitutional and what is not. *
*Searches and Seizures * Probable Cause: The situation occurring when the police have reason to believe that a person should be arrested. * Unreasonable searches and seizures: Evidence is obtained in a haphazard or random manner. * Exclusionary Rule: The rule that evidence, no matter how incriminating, cannot be introduced into trial if it was not constitutionally obtained. *
*Self-Incrimination * Definition: The situation occurring when an individual accused of a crime is compelled to be a witness against himself or herself in court. * Fifth Amendment * Miranda warnings * Entrapments may be overturned *
*The Right to Counsel * The state must provide lawyers in most criminal cases. * Sixth Amendment *Trials * Plea bargaining: An actual bargain between the prosecution and defense. * Juries generally consist of 12 people, but unanimity is not always needed to convict. *
*Cruel and Unusual Punishment * The Eighth Amendment forbids cruel and unusual punishment. * The Death Penalty * Varies from state to state * Cannot be mandatory *
*Is There a Right to Privacy? * Definition: The right to a private personal live free from the intrusion of government. * Not explicitly stated in the Constitution * Implied by the Fourth Amendment * Very debatable *
* *Controversy over Abortion *Roe v. Wade (1973) *Planned Parenthood v. Casey (1992) *Protections of those seeking an abortion *Rights of protesters When should abortions be legal? Figure 4. 1
*Civil Liberties and Democracy * People need the right to express themselves. * Courts continue to define the limits of civil liberties. *Civil Liberties and the Scope of Government * Must decide the line between freedom & order * Civil liberties limit the scope of government *
* Chapter 5
*Civil Rights * Definition: Policies designed to protect people against arbitrary or discriminatory treatment by government officials or individuals. *Racial Discrimination *Gender Discrimination *Discrimination based on age, disability, sexual orientation and other factors *
*Conceptions of Equality * Equal opportunity * Equal results *Early American Views of Equality *The Constitution and Inequality * 14 th Amendment: “…equal protection of the laws. ” *
*The Era of Slavery * Dred Scott v. Sandford (1857) * The Civil War * The Thirteenth Amendment *The Era of Reconstruction and Resegregation * Jim Crow laws * Plessy v. Ferguson (1896) *
*The Era of Civil Rights * Brown v. Board of Education (1954) * Court ordered integration and busing of students * Civil Rights Act of 1964 * Made racial discrimination illegal in many areas * Created EEOC * Strengthened voting right legislation *
*Getting and Using the Right To Vote * Suffrage: The legal right to vote. * Fifteenth Amendment: Extended suffrage to African Americans * Poll Taxes: Small taxes levied on the right to vote. * White Primary: Only whites were allowed to vote in the party primaries. *
*Getting and Using the Right To Vote * Smith v. Allwright (1944): ended white primaries. * Twenty-fourth Amendment: Eliminated poll taxes for federal elections. * Harper v. Virginia State Board of Elections (1966): no poll taxes at all. * Voting Rights Act of 1965: Helped end formal and informal barriers to voting. *
*Other Minority Groups * Native Americans * Santa Clara Pueblo v. Martinez (1978) * Hispanic Americans * Mexican American Legal Defense and Education Fund * Asian Americans * Korematsu v. United States (1944) *
*The Battle for the Vote * Nineteenth Amendment: Extended suffrage to women in 1920. *The “Doldrums”: 1920 -1960 * Laws were designed to protect women, and protect men from competition with women. *The Second Feminist Wave * Reed v. Reed (1971) *
*The Second Feminist Wave, continued * Craig v. Boren (1976) * Draft is not discriminatory *Women in the Workplace *Wage Discrimination and Comparable Worth *Women in the Military *Sexual Harassment *
*Civil Rights and the Graying of America *Civil Rights and People With Disabilities * Americans with Disabilities Act of 1990 *Gay and Lesbian Rights * Bowers v. Hardwick (1986) * Lawrence v. Texas (2003) *
*Definition: * A policy designed to give special attention to or compensatory treatment of members of some previously disadvantaged group. *A move towards equal results? *Regents of the University of California v. Bakke (1978) *Adarand Constructors v. Pena (1995) *
*Civil Rights and Democracy * Equality favors majority rule. * Suffrage gave many groups political power. *Civil Rights and the Scope of Government * Civil rights laws increase the size of government. * Civil rights protect individuals. *
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